Tamil Nadu

North Chennai

194/2014

Mrs.K.Latha - Complainant(s)

Versus

M/s.Chennai Fashions Institute and Tailoring, Rep by its Managing Director, - Opp.Party(s)

A.Muniraja

11 Aug 2017

ORDER

 

                                                            Complaint presented on:  01.10.2014

                                                                Order pronounced on:  11.08.2017

 

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

       2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,            PRESIDENT

                    THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

FRIDAY THE 11^th   DAY OF AUGUST 2017

C.C.NO.194/2014

 

 

Mrs.K.Latha,W/o.S.Janarthanan,

No.B5, Ground Floor,Eden Apartments,

Padavattamman Kovil Street,

Mela Ayanambakkam,

Chennai – 95.

                                                                                    ….. Complainant

 

..Vs..

1.M/s. Chennai Fashions,

Institute and Tailoring,

Represented by its Managing Director,

Plot No.PC  - 2/3, Kambar Salai,

Mogappair West,

Chennai – 600 037.

 

2.Mrs. S.Selvarani,

M/s. Chennai Fashions,

Institute and Tailoring,

Plot No.PC-2/3, Kambar Salai,

Mogappair West,

Chennai – 600 037.

.....Opposite Parties

Date of complaint                                     : 10.10.2014

Counsel for Complainant                         : Manuneedhi Consumer &

                                                                       Environmental Protection Centre

                                                                    A.Muniraja

 

Counsel for Opposite Parties                     : M/s. Kumar & Baskar

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to refund the discontinued the course fees of Rs.9,000/- and also compensation for mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant was intended to learn tailoring. She enquired with the 2^nd Opposite Party to join the tailoring course. The 2^nd Opposite Party, gave an offer that she can take two courses simultaneously within a period of four months. She was forced to opt to take both the courses. On 12.03.2014 the Complainant has paid a sum of Rs.18,000/- for two courses towards fees. The course started on 17.04.2014 and the Complainant attended both the courses up to 22.04.2014. Later she found over burden of classes she was not benefited due to lack of communication between the trainers and students. Hence she has decided to discontinue the Aari Course and to continue the tailoring course. Therefore she asked the Opposite Parties to refund the fee paid by her for the Aari Course. Thereafter  she was unable to attend the tailoring course also. The Complainant husband requested the Opposite Parties to refund the fee paid them. She has also sent a legal notice dated 07.07.2014. However, the Opposite Parties have not refunded fees to the Complainant. Hence the Complainant filed this Complaint to direct the Opposite Parties to refund the discontinued course fee of Rs.9,000/- and also compensation for mental agony with cost of the Complaint.

2. WRITTEN VERSION OF THE 1^st OPPOSITE PARTY AND ADOPTED BY THE 2^nd OPPOSITE PARTY   IN BRIEF:

          The Complainant willingly joined both the courses and she agrees to attend both the classes from Monday to Friday. The timing of the classes is one hour per course. The Complainant attended the classes more than four hours per day and the Opposite Parties willing to accommodate. The total fee per course is Rs.10,000/- and 10% discount was given to her. The Complainant attended the classes from 12.03.2014 to 05.06.2014. The Complainant paid the course fee for the period from 12.03.2014 to 12.07.2014. The Complainant husband threatened the 2^nd Opposite Party on 21.06.2014 to refund the fee paid by them. The Complainant said that she is pregnant and hence she could not attend the classes.  It is the Complainant herself stopped coming to the class and therefore this Opposite Parties have not committed any deficiency in service.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1

          The Opposite Parties imparting tailoring and other allied course. The Complainant wanted to learn tailoring course. She approached the Opposite Parties and agrees to undergo training for tailoring and Aari courses. She also paid a sum of Rs.18,000/- for both the course. The Opposite Parties issued Ex.A1 receipt for payment to the Complainant. The Complainant started attending the classes from 12.03.2014 onwards.

          5. According to the Complainant it is the Opposite Parties forced the Complainant to take both the courses and after joining the classes she found that training pattern was not benefited her due to lack of communication between the trainers and the students and therefore she informed that she is discontinuing Aari Course and requested them to refund the fee of Rs.9,000/- paid for the said course and she continue to attend the tailoring course and due to Complainant’s child health she was unable to continue the tailoring course also and she had attended the classes up  to 22.04.2014 and thereafter she wanted  the refund of the fee which was not accepted by the Opposite Parties and hence she issued Ex.A2 legal notice and the Opposite Parties failed to refund the fee is deficiency on their part.

          6. The Opposite Parties would reply that the Complainant is not a Consumer as they were not providing any service and only trains the people and  further she had attended the classes up to 06.06.2014  and further the Complainant herself stopped attending the classes and therefore she is not entitled for any benefit from the Opposite Parties.

          7. According to the Complainant she had attended the classes till 22.04.2014. However, the Opposite Party would contend that she had attended the classes till 06.06.2014. The Opposite Parties filed Ex.B1 attendance. In that attendance one K.Latha signed from 12.03.2014 to 06.06.2014. The signature found in the attendance, Complaint and the proof affidavit are one and the same and the entire signatures have been signed only by this Complainant. Therefore it is clear that as contended by the Opposite Parties the Complainant attended the class till 06.06.2014 and the same has been suppressed by the Complainant.  

          8. According to the Opposite Parties they  are only training the people for tailoring and other allied courses and not providing any service to the people and therefore the Complainant cannot be considered as a Consumer.  The tailoring and other allied courses are imparted only by the way of training is accepted.  Since the Complainant undergone only training she cannot be considered as a Consumer.

          9. Having held above that the Complainant is not a Consumer and she had also suppressed the training attended by her till 06.06.2014 establishes that Opposite Parties have not committed any deficiency in service.             

10. POINT NO:2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 11^th day of August 2017.

 

MEMBER – I                                                                PRESIDENT

 

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 12.03.2014                   Copy of receipt issued by the Opposite Parties

Ex.A2 dated 07.07.2014                   Copy of Legal Notice  sent to the Opposite Parties

                                                    by the Complainant

 

Ex.A3 dated 08.07.2014                   Copy of 2 nos of postal receipt

Ex.A4 dated 09.07.2014                   Copy of returned cover with the endorsement of

                                                    refused by the 1^st Opposite Party

 

Ex.A5 dated NIL                     Acknowledgements and details of proof of service

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

Ex.B1 dated NIL                     Attendance List   

 

 

 

                                     

MEMBER – I                                                                PRESIDENT